Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I will respond to three points raised by Deputy McNamara, after which I will respond to Deputy Naughten's comments. Deputy McNamara made the point that if there is a degree of regulation in this regard, the net effect is to state this is a register to which the public does not have access. I respectfully take a different view, as the Government is maintaining the access that exists at present. However, by including the word "shall", it is being stated clearly that this is access I expect to be maintained in the future. On the Deputy's point on how it may be necessary to restrict it, I suggest in response this is the reason I am using this approach, because a change to the restriction at a point in the future would require further change to primary legislation. This would then necessitate a revision of this Bill again and the process in respect of a Bill would start again, whereas the use of a statutory instrument gives the opportunity to look at what that access could be and to change it if need be. However, I must note it all must take place in the spirit of having in place the word "shall". In respect of the recognition that a foreign court may have in this regard, I will check this because it is a point I have now heard from the Deputy but I am not informed at present that there has been any difficulty regarding the recognition of this register by foreign courts.

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